Baltimore & Ohio R. R. v. City of Wheeling
Supreme Court of Virginia
In November 1854, the city of Wheeling applied to the judge of the Circuit court of Marshall county for an injunction to restrain the Baltimore and Ohio Rail Road Company from forming a connection with the Central Ohio rail road at Benwood, a place on the Ohio river about four miles southwest of Wheeling.
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In November 1854, the city of Wheeling applied to the judge of the Circuit court of Marshall county for an injunction to restrain the Baltimore and Ohio Rail Road Company from forming a connection with the Central Ohio rail road at Benwood, a place on the Ohio river about four miles southwest of Wheeling. In the bill it was set out that the general assembly of Virginia, on the 6th of -March 1847, passed the act entitled “ An act to authorize the Baltimore and Ohio Rail Road Company to construct the extension of their rail road through the territory of Virginia,” thereby intending, among other…
1Opinion of the CourtMoncure, J.
Before the merits of this case are considered, it is necessary to dispose of several preliminary questions.
1. As to the order of the Circuit court in the proceeding for contempt. It is not an interlocutory order made in the cause; much less an order adjudicating the principles of the cause. A contempt of court is in the nature of a criminal offense ; and the proceeding for its punishment is in the nature of a criminal proceeding. The judgment in such a proceeding can be reviewed, by a superior tribunal, only by writ of error, and not always in that way. Code, p. 682, ch. 182, § 2; p. 737, ch.…
2Cases cited1 opinion
- Penn v. WhiteheadsSupreme Court of Virginia · 1855
3Cited by22 opinions
- State v. Frew & HartWest Virginia Supreme Court · 1884
- Ruhl v. RuhlWest Virginia Supreme Court · 1884
- Shirey v. MusgraveWest Virginia Supreme Court · 1886
- Teter v. W. Va. Cent. & Pa. R'dWest Virginia Supreme Court · 1891
- Bristow v. Home Building Co.Supreme Court of Virginia · 1895
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